Driver of SUV that hit cyclists suing dead teen’s family

Christie Blatchford, Postmedia News04.28.2014

Three friends were riding their bikes home late one night in October 2012, riding abreast, when they were hit from behind by an SUV. The SUV driver is now suing the family of one of the cyclists, who was killed in the accident.
TYLER BROWNBRIDGE/Postmedia News/File
/ Postmedia News

As astonishing evidence of the raw appeal of the robes of victimhood, the female motorist who struck and killed a teenage cyclist 18 months ago is now suing the estate of the dead boy for more than $1 million.

According to a statement of claim filed in Ontario Superior Court last December by the woman’s lawyer, Sharlene Simon “has sustained and will sustain great pain and suffering,” including “a severe shock to her system” as a result of the crash.

“…her enjoyment of life has been and will be lessened,” the document says.

Also named in the $1.35-million suit are two other boys who were with Brandon Majewski when Simon’s Kia Sorrento hit the trio, and the County of Simcoe, responsible for maintenance of Innisfil Beach Road in the town of Innisfil, about 80 kilometres north of Toronto.

Brandon was 17 when, with his 16-year-old friends Richard McLean and Jake Roberts, the trio decided to cycle to a coffee shop late one fall Saturday night.

They were returning to their homes about 1:30 a.m. on Oct. 28, 2012, riding abreast along the two-lane paved rural road, when they were hit from behind by Simon’s black SUV.

Brandon took the brunt of the impact, and was thrown over the roof of the car; he was barely alive when paramedics arrived, and despite vigorous efforts at resuscitation, was pronounced dead about two hours later at the Royal Victoria Health Centre in Barrie.

Richard’s bike was struck simultaneously, and he was later transferred to St. Michael’s Hospital in downtown Toronto, where he spent weeks recovering from his injuries. The third boy, Jake, was knocked off his bike, but wasn’t seriously hurt.

A collision-reconstruction team from the South Simcoe Police Service investigated the crash; their 26-page report found that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.”

The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”

But Brandon’s father, Derek Majewski, was gobsmacked this week when he walked out of his lawyer Brian Cameron’s office having just learned that, as he put it, “my dead son and the boys are being sued by the woman that killed him because she is distraught.

“Normally, I would not react like this,” he told Postmedia in an email, “but I think it’s very cruel.”

The death of their bright and popular son shattered the Majewski family, he said in a phone interview, voice growing thick with emotion. About six months after Brandon’s death, his older brother Devon, who had taken Brandon’s death particularly hard, died in his sleep from a combination of pharmaceuticals and alcohol.

Majewski and his ex-wife, Venetta Mlynczyk, have lingering questions about the quality of the investigation.

They particularly believe that the boys were blamed for the accident that killed Brandon — that it was their fault because only two of the bikes had what the police called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.

As Majewski put it, “They’re kids; they’re allowed to make a mistake.”

Mlynczyk later complained to the Office of the Independent Police Review Director — she alleged that one of the investigators from South Simcoe was friends with Simon’s husband, Jules Simon, and, in essence, that the investigation was mismanaged or biased.

That complaint was referred back to the South Simcoe force for investigation, and in a September 2013 report, the review concluded that the allegation of discreditable conduct against the officer was unsubstantiated and that the original probe was thorough.

Majewski remains concerned that the force investigated itself, and said he had expected that an outside force, such as the Ontario Provincial Police, would have been asked to handle it.

The South Simcoe review also addressed a number of the mother’s other concerns, many of which appeared to have sprung from town rumours.

One such was that Simon’s husband, Jules, was a member of the South Simcoe force, but as the report to Brandon’s mother said, in fact he is an officer with York Regional Police who had never met the investigator from Simcoe before.

The report also confirmed that Simon, who acknowledged driving at about 90 km/h, above the 80 km/h limit, wasn’t required to take a breathalyzer test because there were “no grounds to request” one. A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system.”

That report didn’t address what Majewski says South Simcoe police told him — that Simon’s husband had been following her home on the night in question.

Jules Simon didn’t respond to an email sent to his York Regional email address, nor did his wife’s lawyer, Michael Ellis, reply to a voice-mail message.

Majewski, Mlynczyk, their new partners and their children are also suing the Simons and Simcoe County for a total of $900,000. Their suit alleges Sharlene Simon was speeding, under the influence or texting at the time of the accident, and that Jules Simon allowed her to drive the SUV when “he knew or ought to have known” she was in no condition to do so.

None of the claims in either suit has been tested or proved.

However, the Majewski-Mlynczyk statement of claim, filed last March, is much more the norm: Whatever else, it is their son who was killed.

But now Sharlene Simon, her husband and mother and her three children are suing Brandon’s estate and the boys who were with him that night.

After all, as her statement of claim says, “Her enjoyment of life has been irretrievably lessened…,” though not as much, say, as was Brandon’s.

Comments

We encourage all readers to share their views on our articles and blog posts. We are committed to maintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, and please keep your comments relevant and respectful. If you encounter a comment that is abusive, click the "X" in the upper right corner of the comment box to report spam or abuse. We are using Facebook commenting. Visit our FAQ page for more information.

Almost Done!

Postmedia wants to improve your reading experience as well as share the best deals and promotions from our advertisers with you. The information below will be used to optimize the content and make ads across the network more relevant to you. You can always change the information you share with us by editing your profile.

By clicking "Create Account", I hearby grant permission to Postmedia to use my account information to create my account.

I also accept and agree to be bound by Postmedia's Terms and Conditions with respect to my use of the Site and I have read and understand Postmedia's Privacy Statement. I consent to the collection, use, maintenance, and disclosure of my information in accordance with the Postmedia's Privacy Policy.

Postmedia wants to improve your reading experience as well as share the best deals and promotions from our advertisers with you. The information below will be used to optimize the content and make ads across the network more relevant to you. You can always change the information you share with us by editing your profile.

By clicking "Create Account", I hearby grant permission to Postmedia to use my account information to create my account.

I also accept and agree to be bound by Postmedia's Terms and Conditions with respect to my use of the Site and I have read and understand Postmedia's Privacy Statement. I consent to the collection, use, maintenance, and disclosure of my information in accordance with the Postmedia's Privacy Policy.